HERE'S WHAT WE ASKED FOR:
____ Correct the error in Rule 536, TRCP.
Rule 536(c) currently reads, “...attempted under either (a)(1) or (a)(2) at the location...” It should
read, “attempted under either (b)(1) or (b)(2) at the location...” Until this is corrected, every
substituted service executed on Justice Court citations is compromised.
____ Clarify Rule 108, TRCP.
Rule 108 relates to service on defendants who reside outside Texas. Confusion exists regarding
the return of service by an out of state process server. It reads, “The return of service in such
cases shall be endorsed on or attached to the original notice, and shall be in the form
provided in Rule 107, and be signed and sworn to by the party making such service
before some officer authorized by the laws of this State to take affidavits, under the
hand and official seal of such officer.” How is an out of state process server supposed to
have his/her signature verified/notarized by an officer of this state (Texas)? This rule needs to
clarify that an out of state return may be executed before anyone authorized to take affidavits.
____ Amend Rules 107 & 536(a), TRCP.
Currently, a private process server must have his/her officer’s returned “verified.” This requires
that a notary public execute a specific notarial act to authenticate each return. These rules
should be amended to provide an option that a return may be signed under penalty of perjury.
____ Amend Rules 106 & 536, TRCP. (Service at a RESIDENCE)
Currently, substituted service can only be authorized by court order. This causes a delay in
service, a waste of time and resources, including the court’s time, and generally increases the
cost of litigation. These rules should be amended to mirror the current substituted service method
found in Rule 4, FRCP, to wit: 4(e)(2) by delivering a copy of the summons and of the
complaint to the individual personally or by leaving copies thereof at the individual’s
dwelling house or usual place of abode with some person of suitable age and
discretion then residing therein...” A majority of other states follow the federal court’s
example.
____ Amend Rules 106 & 536, TRCP. (Service at a PRIVATE MAIL BOX)
Currently, substituted service can only be authorized by court order. This causes a delay in
service, a waste of time and resources including the court’s time, and generally increases the cost
of litigation. These rules should be amended to allow substituted service at a private mailbox
without an order from the court. Proposed wording: Service of process may be made on the
private mail box of a person named in the citation if it can be established that the private mail box
account is active to that person. Service may be effected by delivery in person to an employee of
the private mail box business or via U.S.P.S. first class mail, no return receipt requested. The
return of such service shall include a statement by the person making the service that the mail box
account was confirmed active for delivery of mail to the person named in the citation.
____ Amend the Process Server Certification Program. (BACKGROUND)
Currently, anyone seeking certification as a Texas Supreme Court certified process server must
submit fingerprint cards and a criminal background check. The requirements for fingerprint cards
and a criminal background check should be removed for anyone who can demonstrate that they
hold any of the following licenses, commissions or certifications at the time of application: a
concealed handgun license, a private investigator license, a private security commission, a notary
public commission, a commission as a peace officer, or any other license, certification or
commission that requires a criminal background check or statement of no such convictions under
a penalty of perjury.
____ Amend the Process Server Certification Program. (TRAINING)
Currently, anyone seeking certification as a Texas Supreme Court certified process server must
complete an approved seven-hour training course. The rules relating to the service of process in
Texas by private process servers have changed only 3 or 4 times in the last 20 years. The
training requirement should be removed for anyone who can demonstrate that he/she has three
or more years of experience as a private process server.
____ Amend the Process Server Certification Program. (APPEALS TO DISCIPLINE)
Currently, the suspension or revocation of a process server’s certification is not stayed pending
appeal. An appeal can take up to three months or more for the reconsideration process. If the
suspension/revocation is upheld by the PSRB’s reconsideration, an appeal to a panel of judges
can take up to another three months. This means a certified process server can wait as long as
six months or more for relief should the PSRB make an incorrect determination. Making matters
worse, many jurisdictions rescinded their blanket orders when certification was implemented. Most
certified process servers have come to rely daily on their certification. Unless a certified process
server is convicted of a felony or misdemeanor involving moral turpitude, certification should be
stayed pending the completion of the appeal process. And, unless convicted of such a crime,
certification should never be suspended or revoked. Being that anyone over 18 who is not a
party to the case (or interested in the outcome) can serve 100% of all types of process without
being certified, staying certification pending appeal represents no danger to the public.
Additionally, the PSRB is apparently under the assumption that certified process servers must
alert the Court to “arrests.” (See page 4 of the PSRB meeting minutes from December 8, 2006
re: Dennis White.) Arrests should not affect certification and the PSRB should be properly
informed on this issue.
____ Process Server Certification Program. (RENEWAL)
Currently, certification for private process servers is valid for three (3) years. The Process Server
Review Board has recommended the Texas Supreme Court change this to a yearly process
including more hours of training. I am opposed to these changes.
____ Other: (YOUR SUGGESTION(S), include a separate page, if necessary.)
The Certified Civil Process Servers Association of Texas
List of Recommendations to the Texas Supreme Court
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Thank you to all who took part in our recommendation efforts.
The Court now has the input of many in our industry and their
desires for necessary changes. Since the filing of the lawsuit,
we are no longer trying to effect change with the certification
program or the PSRB. However, we hope the Court will finally
make those changes to the Texas Rules of Civil Procedure.